Passengers with canceled flights due to the current strike actions of employees of Lufthansa and its subsidiaries are entitled to compensation. The situation created due to the action organized by the pilots' union does not have the character of a "state of emergency", which would exempt operators from their obligation to pay compensation. This is also stated in a decision of the Court of Justice of the European Union on a specific inquiry regarding similar cases. This was commented on by the founder of "We, the Consumers" on bTV radio. Gabriela Rumenova on the Lufthansa pilots' strike, which has caused hundreds of flights to and from Sofia to be cancelled.
Passengers should receive a refund for the ticket, rerouting or a return flight to the airport of departure, as well as the right to assistance, she informed.
“These are not force majeure circumstances, such as the military actions in the Middle East, which have left many tourists with transfers via Dubai, Doha, Abu Dhabi and Sharjah stranded, and some of them are still unable to return.“, she commented.
Rumenova recommended that tourists with upcoming trips inform themselves about the current situation, potential risks and make reasonable decisions, even if they lose money at the expense of not putting their lives and health at risk.
“If a travel ban is imposed to certain destinations, flights there will be canceled. In that case, the airline will also owe the passenger the choice between a refund or rerouting, care for the waiting time (food and drinks, two phone calls and hotel accommodation if waiting until the next day), but not monetary compensation. These obligations for the carrier arise from a European regulation, which only applies if the flight departs from or arrives at an airport in the EU, or if it is operated by an airline with a license in the EU. In other cases, the conditions of the non-EU airline and local legislation apply. Many major airlines offer rebooking or vouchers, but are not obliged to do so under European law.“, the expert explained.
She also explained the rights of consumers with travel packages: “When, due to unavoidable and extraordinary circumstances, it is not possible to ensure the return of the traveler, as provided for in the travel package contract, the tour operator bears the costs of accommodating the traveler, if possible, in an equivalent category of accommodation for a period of no more than three nights. And, yes, by law, the operator is responsible for the return of tourists by organizing an alternative route, charter flight or other type of transport, bearing the costs. If this is not done, consumers must file a complaint with the tour operator, and if necessary - to the CPC and the Ministry of Tourism. However, it is important to clarify that if the Ministry of Foreign Affairs has published a warning to avoid the destination on the date before departure and the tourist has nevertheless left, there may be a conditionality when making claims for liability against the tour operator. Therefore, both the timely actions of the institutions and authorities and the activity of the citizens themselves to inform themselves about the current situation and possible warnings are important.“
In response to a question from the host Nadezhda Vasileva in what cases funds are refunded and in what cases the agency can offer another trip, Rumenova indicated that in general the package trip will not take place and the operator will be obliged to refund the money or offer, with the consent of the clients, a postponement of the trip or the issuance of vouchers for the amounts paid only in the event of an official ban on travel to the destinations. In other cases, tourists will pay penalties of varying amounts, according to the clauses of their contract, if they decide to cancel the trip of their own accord.
Consumers who have additional insurance outside the contract with the tour operator and want to cancel an upcoming trip due to the current situation or it has already caught them somewhere on the road, can check whether their insurance covers “trip cancellation” due to force majeure and for “additional expenses in the event of inability to return”. Some policies cover additional nights and transport, others exclude military conflicts from coverage. “Document all expenses with receipts, photos, screenshots, etc. and file a claim, even if you are not sure whether your policy covers the specific case, Rumenova also recommended.